Opinion
NOT TO BE PUBLISHED
San Francisco City and County Super. Ct. No. 195620
Reardon, Acting P.J.
On May 16, 2005, appellant Kevin Clark pled guilty to vehicle theft (Veh. Code, § 10851, subd. (a)) and was granted probation. Thereafter, motions to revoke were filed, violations of probation admitted by appellant, and each time he was reinstated. Another motion to revoke probation was filed on October 23, 2007, alleging that appellant possessed heroin. At the conclusion of a contested hearing, the trial court found a violation of probation, revoked probation, and committed appellant to the midterm of two years in state prison.
The evidence established that while appellant was being detained, Officer Mustafich saw appellant with something in his hand which appellant placed on the ground. Less than 12 inches away from appellant, Officer Mustafich found a Visine eye-drop bottle, the contents of which were determined to be 3.8 milliliters of heroin. Appellant testified that he never possessed the Visine bottle.
Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and conclude that there are no arguable issues.
Appellant was represented throughout the proceedings by counsel. The evidence supports the trial court’s finding of a violation of probation. There was no abuse of discretion in revoking appellant’s probation and no sentencing error in committing appellant to the midterm of two years in state prison.
Judgment affirmed.
We concur: Sepulveda, J., Rivera, J.